New Delhi: The recovery of excess payment made to central government employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities may not be recovered if they are facing extreme hardships, the Centre said today.

DoPT Secretary Sanjay Kothari

The matter of recovery of such amount was examined in consultation with the Department of Expenditure and the Department of Legal Affairs by Department of Personnel and Training (DoPT).

It has been decided to take into consideration a Supreme Court verdict which directs government to take into consideration exceptional cases of hardship.

The apex court while observing that it was not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarised few situations, wherein recoveries by the employers would be impermissible in law, DoPT said in Office Memorandum F.No.18/03/2015-Estt.(Pay-I), issued today.

It includes recovery from retired employees, or those who are due to retire within one year of the order of recovery, and recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

Citing the Supreme Court order, it said recovery of excess amount will not be permissible from employees belonging to Class-III and Class-IV service–comprising support staff.

The DoPT said that the waiver of recovery in such conditions of hardships may be allowed with the express approval of Department of Expenditure.